The District Court of Rotterdam has upheld fines of €170,000 imposed by the Dutch National Bank on a payment services provider for breaches of Dutch sanctions law and AML rules.
The appeal was largely based on arguments that the internal compliance function had adequately performed its function. The court was highly critical of this argument, noting the lack of due diligence and periodic training.
The District Court in the Hague has convicted an individual for the making of unauthorised financial transfers to/from Iran in the years 2013 and 2014 of around €92,000.
The person was convicted but no sentence imposed on mental health grounds, while noting that ordinarily a conviction would result in a lengthy custodial sentence.
Various sums seized as part of the investigation were returned to the defendant as the prosecution had not proven that these sums related to particular criminal activity.
Further to our earlier post about the Dutch authorities investigating two companies for allegedly breaching Crimean sanctions by shipping goods for the construction of the Kerch Bridge, it has now been reported that the investigation currently has been extended to seven companies.
The Diesoko Group, a Dutch engineering company, has confirmed that it is one of the companies under investigation.
The Dutch Public Prosecution Service has obtained a criminal fine of €50,000 against an unnamed Dutch freight solutions company.
The company had sought to ship radar equipment for Sukhoi jet fighters from Malaysia to Russia. The consignment was intercepted at Schiphol Airport. The sale was in breach of both European export controls, as the products were included on the EU’s Military List, and in breach of Russian sanctions which would have prohibited the granting of an export licence.
No licence had been applied for.
An individual was acquitted of a related offence.
In 2015 the Dutch National Bank had imposed a financial penalty of €125,000 on an unnamed payment services provider for failings in relation to sanctions and PEP screening as part of a review by the bank.
The payment services provider appealed the decision.
On appeal to the District Court of Rotterdam the penalty was upheld but the fine reduced to €100,000.
The National Bank had originally calculated the fine as €550,000 which was then reduced due to the financial condition and size of the defendant.
It has been reported that the Dutch International Development minister has ordered an investigation into the alleged involvement of two Dutch companies, Dematec Equipment and Biljard Hydrauliek, in providing equipment for the building of the Kerch Strait Bridge designed to join Russia and Crimea.
The allegations, if proven, would be a breach of the EU’s Crimean sanctions.
The District Court of East Brabant has convicted an individual for breaches of the EU’s Iran sanctions.
The defendant had traded for 2 years with a designated Iranian entity. The unspecified goods had been shipped via intermediary countries Turkey and Dubai.
He was sentenced to 16 months in jail, with a further 4 months suspended subject to a two-year probation period. He was also fined €500,000. The fine was on the individual personally and not on the company through which he traded.
It is being reported in the Netherlands that the Dutch authorities are undertaking an investigation into trust companies within the BK Group for alleged breaches of the EU’s misappropriation sanctions in relation to the Ukraine.
The District Court of Noord-Holland has today fined a fine of €40,000 on the Dutch airline KLM for its role in the unlicensed export of goods on the EU’s military list from the South African to Ecuador via the Netherlands.
The judgment noted that subsequent investigation had revealed 74 shipments where the required reporting had not been complied with.
A District Court in the Netherlands has imposed a €50,000 fine on logistics provider for its part in the unlicensed export of military goods to Saudi Arabia.
No export licence had been applied for. The value of the contracts is stated to have been US$14 million.
